Burley v. State

308 Ga. 650

FINAL COPY S20A0356. BURLEY v. THE STATE. BOGGS, Justice. Douglas Burley, who pled guilty to malice murder in 1992, filed a motion for an out-of-time appeal in 2019, claiming that his right to appeal was frustrated by his plea counsel’s erroneous advice that he could not appeal his conviction because it was the product of a guilty plea. The trial court denied Burley’s motion. For the reasons explained below, we vacate the trial court’s judgment and remand the case with direction to hold a hearing to determine whether ineffective assistance of counsel frustrated Burley’s right to…